Bill Text: NY A08455 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08455 Detail]

Download: New_York-2019-A08455-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8455

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      July 8, 2019
                                       ___________

        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Codes

        AN  ACT  to  amend  the criminal procedure law and the executive law, in
          relation to automatic sealing of certain misdemeanor records

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 160.57 to read as follows:
     3  § 160.57 Automatic sealing of certain misdemeanor records.
     4    1. As used in this section, "eligible offense" shall mean  any  misde-
     5  meanor  crime defined in the laws of this state other than a sex offense
     6  defined in article one hundred  thirty of the penal law, or  an  offense
     7  for which registration as a sex offender is required pursuant to article
     8  six-C  of the correction law. For the purposes of this section, where an
     9  individual is convicted of more than one eligible offense  committed  as
    10  part  of the same  criminal transaction as defined in subdivision two of
    11  section 40.10 of this chapter, such   offenses shall be  considered  one
    12  eligible offense.
    13    2. Where an individual has been convicted in New York state of no more
    14  than  two  eligible offenses and ten years have passed since the imposi-
    15  tion of the sentence on an  individual's latest criminal  conviction  in
    16  New York state, all official records and papers relating to the arrests,
    17  prosecutions, and convictions of such offenses, including all duplicates
    18  and  copies  thereof  on  file  with  the  division  of criminal justice
    19  services or any court, shall be sealed and not made available  to    any
    20  person  or  public  or  private agency except as provided in subdivision
    21  four of this  section; provided, however, the division shall retain  any
    22  fingerprints,  palmprints  and    photographs,  or digital images of the
    23  same. The commissioner of the  division  of  criminal  justice  services
    24  shall  immediately  notify the office of court administration, the clerk
    25  of such court where the individual was convicted, and the heads  of  all

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11923-04-9
        A. 8455                             2

     1  appropriate  police    departments  and  other  law enforcement agencies
     2  regarding the records that shall be sealed pursuant to this section.  In
     3  calculating the ten year period under this subdivision,  any  period  of
     4  time during which the person was incarcerated shall be excluded and such
     5  ten  year  period shall be extended by a period equal to the time served
     6  under such incarceration.
     7    3. Sealing of records pursuant to  subdivision  two  of  this  section
     8  shall not apply to the records of any individual where such individual:
     9    (a)  is  required  to  register  as a sex offender pursuant to article
    10  six-C of the correction law;
    11    (b)  has  previously  obtained  sealing  of  the  maximum  number   of
    12  convictions allowable under section 160.58 of this article;
    13    (c)   has  previously  obtained  sealing  of  the  maximum  number  of
    14  convictions allowable under subdivision two of this section;
    15    (d) has an undisposed arrest or charge pending in New York state;
    16    (e) was convicted of any crime in New York state after the date of the
    17  entry of judgment of the last conviction for which sealing is sought;
    18    (f) has been convicted of any crime in New York state that is  not  an
    19  eligible offense; or
    20    (g) has been convicted of more than two crimes in New York state.
    21    4.  Notwithstanding  any other provisions of this section, an individ-
    22  ual's records that have been sealed pursuant to this  section  shall  be
    23  made available to:
    24    (a) such individual or such individual's designated agent;
    25    (b)  qualified  agencies,  as  defined  in subdivision nine of section
    26  eight hundred thirty-five of the executive law, and  federal  and  state
    27  law  enforcement  agencies,  when  acting  within the scope of their law
    28  enforcement duties;
    29    (c) any state or local officer or agency responsible for the  issuance
    30  of  licenses  to possess guns, when such individual has made an applica-
    31  tion for such a license;
    32    (d) any prospective employer of a police officer or peace officer,  as
    33  those  terms are defined in subdivisions thirty-three and thirty-four of
    34  section 1.20 of this chapter, in  relation to such individual's applica-
    35  tion for employment as a police  officer  or  peace  officer;  provided,
    36  however, that every such applicant for the position of police officer or
    37  peace  officer  shall  be  furnished with a copy of all records obtained
    38  under this paragraph and  shall be afforded an opportunity  to  make  an
    39  explanation thereto; and
    40    (e)  the criminal justice information services division of the federal
    41  bureau of investigation, for the purposes of responding  to  queries  to
    42  the national instant criminal background check system regarding attempts
    43  to  purchase  or otherwise take possession of firearms, as defined in 18
    44  USC 921 (a) (3).
    45    5. In situations where sealing of an individual's records is  required
    46  under subdivision two of this section, but has not taken place, and such
    47  individual  or  such    individual's  attorney presents to the office of
    48  court administration fingerprint records from the division  of  criminal
    49  justice  services  or a court disposition indicating that the period for
    50  eligibility has been satisfied for an eligible conviction, within thirty
    51  days of notice to the office of court administration, such  individual's
    52  records shall be sealed as set forth in subdivision two of this section.
    53    6.  No  person shall be required or permitted to waive eligibility for
    54  sealing pursuant to this section as part of a plea of guilty,  sentence,
    55  or  any  agreement  related to a conviction  for an eligible offense and
    56  any such waiver shall be deemed void and wholly unenforceable.
        A. 8455                             3

     1    § 2. Section 837 of the executive law  is  amended  by  adding  a  new
     2  subdivision 22 to read as follows:
     3    22.  Annually  publish  on the division's website statistics regarding
     4  the total number of convictions automatically sealed pursuant to section
     5  160.57 of the criminal procedure law.
     6    § 3. This act shall take effect immediately.